Tender No.: 465S/2011/12 - City of Cape Town

Tender No.: 465S/2011/12
Schedule 11: Occupational Health and Safety
AGREEMENT IN TERMS OF SECTION 37(2) ENTERED INTO BETWEEN
THE CITY OF CAPE TOWN
(being the purchaser, and hereinafter referred to as the ‘Employer’)
And
..............................................................................................................................
(being the supplier, and hereinafter referred to as the ‘Mandatary’)
in respect of
465S/2011/12: Design, Manufacture, Supply, Installation, Removal and Maintenance of Festive Lighting for
the City of Cape Town
(hereinafter referred to as the ‘work’)
WHEREAS:
� Section 37(1) of the Occupational Health and Safety Act, Act 85 of 1993, as amended (‘the Act’) provides that
an employer shall be liable to be convicted and sentenced in respect of an act or omission by its mandatary or
employee;
� the supplier, appointed by the Employer to do work (as contemplated in the Act) is also liable in terms of Section
37(3) (and in his own right as employer) to comply with the provisions of the Act applicable to his employees
and mandataries;
� Section 37(2) of the Act limits the Employer’s liability in terms of Section 37(1) if the Employer and Mandatary
have agreed in writing to the arrangements and procedures between them to ensure compliance by the
Mandatary;
ACCORDINGLY, the Employer and Mandatary hereby agree as follows:
1. The Mandatary hereby accepts responsibility for compliance with the Act in respect of the work, in terms of
Section 37(2) of the Act.
2. The Mandatary hereby indemnifies the Employer against patrimonial loss/damages which the Employer
may suffer as a direct result of any claims and/or steps that may be instituted against the Employer due to
non-compliance by the Mandatary (or employees and mandataries of the Mandatary) with the provisions of
the Act.
3. Without limitation to the aforesaid indemnity, the Employer and Mandatary agree to the following
arrangements and procedures to ensure compliance by the Mandatary with the provisions of the Act:
3.1 The Mandatary warrants that he or she has read and fully understands the requirements of the
above Act and the applicable regulations, and has allowed for all costs to be incurred to ensure
such compliance.
3.2 The Mandatary has prepared and attached hereto a Health and Safety Plan marked ‘A’ which has
been agreed between the parties to be appropriate for the work.
4. The Mandatary is required to ensure that all sub-contractors, and other persons engaged in the execution
of the work, also comply with the requirements of the Act.
5. The Mandatary undertakes to inform the Employer immediately should the Mandatary, at any time during
the execution of the work, find that:
5.1 he or she cannot comply with the provisions of the Act, and/or
5.2 the afore-mentioned indemnity; and/or
5.3 he is unable to perform in accordance with this agreement or the Health and Safety Plan; and/or
5.4 his compliance with the Act and this agreement has been detrimentally affected in any manner;
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